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(영문) 광주지방법원 목포지원 2016.11.11 2016고단926

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 24, 2011, the Defendant was sentenced to a suspended sentence of one year by imprisonment for a violation of the Road Traffic Act, etc. at the wooden Branch of Gwangju District Court on May 24, 201, and on October 28, 2015, the above court issued a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act.

On July 15, 2016, at around 00:15, the Defendant driven Bho-do car under the influence of alcohol content of 0.163% while under the influence of alcohol alcohol content, even though it was twice from approximately 100 meters from the front of the 135-28 U.S. Sok-to-S. Hyundai Tri-S., the New Tho-ro, Young-gu, Young-gu, Seoul, 135-28, to the front of the 100-day Hyundai Thoho-ho, Hyundai Ho

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to blood alcohol appraisal reports, criminal history records, etc. inquiry reports, investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the Defendant committed the instant crime without having been punished two times due to the same kind of crime (one of them is subject to a suspended sentence of imprisonment), and that the blood alcohol content at the time of the said crime is considerably high is disadvantageous.

On the other hand, in the case where the crime of this case appears to be recognized and reflected, and the blood alcohol concentration itself is not high, and the fact that the old is currently supported by the suspended sentence of imprisonment due to the same kind of crime.

In addition to each of the above sentencing grounds, it is decided as per Disposition by comprehensively taking into account the following circumstances, including the defendant's age, character and conduct, family relation, environment, circumstances after the crime, and result, etc.